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FMLA What can we do?

drewh781drewh781 2 Posts
in Benefits & Leave Vote Up0Vote Down

We have an employee that qualifies for FMLA. His condition is life long with unpredictable flare-ups. However, his call outs hurt the company. I know he can be transferred to a part-time role. Which will probably happen.

The other issue is before I got here he was given the FMLA paperwork but never returned it. I was told they believe he did not understand what the paperwork meant. I am wanting to attempt to explain to him what FMLA his and how it can help him so that he will not simply violating the company's attendance policy and be terminated. I also want to cover the days he already missed with his FMLA leave.

Any advice on getting this done? 

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  • Susan_SchoenfeldSusan_Schoenfeld 6 Posts
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    To explain to an employee what FMLA is, try DOL's guide at http://www.dol.gov/whd/fmla/employeeguide.pdf

    If an employee fails to return requested medical certification (or recertification) and there is no evidence that it was not practicable for him to do so under the particular circumstances (despite her diligent, good-faith efforts), and the employer has not provided an extension of time, the leave is not protected FMLA leave. In such a case, Helga could either designate any remaining paid leave Rachel has as FMLA leave or if Rachel has no remaining leave, deny FMLA leave and apply any policies the employer has for unexcused absences.
    FMLA regulation:  29 CFR Sec. 825.313(b)


    Switching to a part-time role under FMLA is more complicated. During a period when intermittent or reduced leave schedule is required, an employer may require an employee to transfer temporarily, to an available alternative position for which the employee is qualified and which better accommodates recurring periods of leave than does the employee’s regular position. Unlike a light-duty assignment, a transfer to an alternative position does not require the employee’s consent. Transfer to an alternative position may include altering an existing job to better accommodate the employee’s need for intermittent or reduced schedule leave.Temporary transfer is permitted if an employee needs intermittent leave or leave on a reduced leave schedule that is foreseeable based on planned medical treatment for the employee.

    For more information on transfers and part-time positions, see http://hr.blr.com/state-comparison-charts/3-Qualifying-Reasons-for-FMLA-Leave and http://hr.blr.com/state-comparison-charts/6-Return-from-FMLA-Leave
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